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HomeMy WebLinkAbout128201 PRO HYDRAULIC & MACHINE - PURCHASE ORDER - 9120096PURCHASE ORDER PO Number Page City of 9120096 t of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 128201 Ship To: FLEET SERVICES - MAIN SHOP PRO HYDRAULIC & MACHINE CITY OF FORT COLLINS 7317 W 118th PL 835 WOOD ST BROOMFIELD Colorado 80020-6910 FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Sublet - Wood 1 LOT LS 1,500.00 Blanket order to cover the cost of sublet work for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or job ticket. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Sublet - Streets 1 LOT LS 1,500.00 3 Misc Parts 1 LOT LS 1,000.00 Total $4,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions By somw the City of Fort Collins is exempt from state and local tames. Our Exemption Number is 98-(H502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejcotcd. GOODS REJECTED due to failure to meet specifications, either when shipped ar dnc to defects of damage in transit. may be mwmed to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomrance of the terms and conditions hereof, failure ar delay to exercise any rights or rcmedics provided herein or by law, failure to pmroptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthe design. shall not release the Seller of any of the warmntics or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon .strict performance hereof or any of its rights or remedies as to any such goods regardless of when shipped, received or accepted, as to any prior or subsequent default hcmu nder, nor shall any purported oral modification or rescission of this purchase order by the Pumbaser operate as a waiver of tiny of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGN M ENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcreaher Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St_ Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepnmtcly, the original freight purchased err acquired by the Purchaser pursuant to this purchase order. bill must accompany inwoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacmmrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming ar defective goods by a date to be agreed upon by the expodcd from the nearest distribution point to destination. and excess freight will be deducted fmat Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by ai applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having junsdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an +ssaned or established violation of any such laws, regulations, ordinances. rules and requirements, Authorivtion. All parties to this contract agree that the representatives arc, in fact, bona title and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated hacin set fmm and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and heathy rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT in oodiacly if you cannot make complete shipment to naive on your Promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchaec order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance offstmal late deliveries, shall operate as a waiver ofthis provision. In the event ofunv delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order cNewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to canoes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities governmental priorities. Bros strikes. Bond, epidemics, xurs or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings. specifications, samples and/or other descriptions given, will he fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller Shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any appl icablc warranty pmvided by the Scllcr after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver, of any claim under this waranty. Except as otherwise pmvided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties nr guam aces, but such liability shall in no event include loss of profits or loss of use. NO I PI.I ED WARRANTY OR M ERCH A NITA B I LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHA NGES IN LEGA L TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including idddions to er deletions from the quantities originally ordered in the specification or drawings. by verbal or written chnnge order. If any such change affects the amount due or the time ofperfomancc hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pardons of the goods then not shipped, subject to any equitable adjustment beween the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe gads artdlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to tiny gads which am the Scllcrsstandard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller w'amants that all goods sold hereunder shall have been produced, sold. delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purebaser hamlcss from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT, Neither parry shall assign, mnsfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10, TITLE. The Seller ..at-, full, clear and unrestricted title to the Purchaser for all equipment materials and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, secunty interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This relco a shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofmch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsueh infringement at any time during the pmsccution or aficr the completion of the work. In ease said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the um of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal hilt noninfringing equipment, or modify it so it becomes nounfringing. 15. INSOLVENCY. If the Seller shall become inmlvent or hank apt make an assignment for the benefil of creditors, appoint a receiver or tmsme for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcfinitinas oftemas used or the interpretation of the agreement and the rights ofall panics hmttnder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Reptesentative(s). tin the promises aforhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Seller's owa expense and to the satisfaction of the Purchaser When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload. ,lure and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit.,. to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is to be dome. The Seller shall also carry comprehensive general liability including but not limited to, contractual and automobile public liability insurance .with brsfidy injury and death limits of err least S300.000 for any one Person. S5(Ha.naO for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors. if any, to pmvlde for such compenc Lion and insurance. Before any of the Scllcrs or his enntmemrs employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such eompenxmioo and insurance have been pmvided. Such eer ificates shall specify the date when such compensation and insumace expires. The Seller agrees that such compensation and insurance shall he maintained until ancr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asmmcs the entire responsibility and liability for any aad all damage. Ina or injury fany kind or nature whmsocvcr to persons or pmperty caused be or resulting fmm the execution ofthe work pmvided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and env or of of the Purchasers officers, agents and employees from and against any and all claims, losses. damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bought against the Purchascr, or its officers, agents or employees at any time on account or by reason of any act, acting, neglect omission Or default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses ,any and all judgments that may be incurred by or obtained against the Pumhascr or any of its or their officers. agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the pmpenv of the Purchaser, or said panics in or as a result ofsuch suits or other pmccedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othemise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant thereto. Revised 03/2010